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Agenda 12/14/2010 Item #16A11 Agenda Item No. 16A 11 December 14, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve an impact fee reimbursement requested by Bayfront, Inc., totaling $193,454.24, due to the cancellation of two building permits. OBJECTIVE: That the Board of County Commissioners approves the reimbursement of Collier County Impact Fees, requested by Baytront, Inc., due to the cancellation of City of Naples Building Pennit Nos. 403-744 and 403-745. CONSIDERATIONS: Collier County Impact Fees in the amount of$193,454.24 were paid to the City of Naples, for the above-referenced building pennits, on December 4,2006. The City of Naples remitted the impact fees to Collier County on February 7, 2007, in accordance with the executed Interlocal Agreement. The building pennit was subsequently cancelled, and on September 30, 2010, the customer submitted a request for reimbursement of the impact fees. Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances (Code), the Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended, provides for specific criteria and procedures for processing routine and non-routine impact fee reimbursement requests. Specifically, as set forth by Section 74-202 (h) (5): ~ "All reimbursement requests totaling twenty~five thousand dollars ($25,000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners. " FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the funds specifically budgeted for impact fee reimbursements as follows: Emergency Medical Services Government Buildings Jail Library Regional Parks Road (District 3) $ $ $ $ $ 2,177.10 $ 158,821.53 3,395.28 , 21,190.89 ' 6,614.97 1,254.47 Total: $193,454.24 Additionally, Section 74-202 of the Code provides for an administrative processing fee equal to the greater of $25 or 2% of the requested reimbursement, with the fee not to exceed $500. This processing fee offsets the administrative costs associated to the reimbursement. The applicant has paid the fee, in the amount of $500.00, which was deposited into Fund 107 (Impact Fee Administration). GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee - reimbursement may adversely affect capital project funding; however, the building pennit has Agenda Item No. 16A11 December 14.2010 Page 2 of 5 been cancelled and the proposed building will not be constructed on the site at this time; therefore, a reimbursement is due to the customcr. LEGAL CONSlDERA nONS: Section 74-202(h) of the Consolidated Impact Fee Ordinance provides that "In the event a building permit issued for a development.. .(ii) is officially cancelled, ... the then current owner/applicant may, within four years of payment, apply for a reimbursement of a portion of or the entire impact fee..." The Section goes on to provide that "All reimbursement requests totaling $25,000.00 or more, cannot be approvcd administratively and must be submitted to board of county commissioners." The ordinance provides for an administrative processing fee equal to the greater of $25 or 2% of the requested reimbursement, with the fee not to exceed $500. Accordingly, this request is legally sufficient for Board consideration and approval. - JAK RECOMMENDA nON: That the Board of County Commissioners approves a reimbursement of impact fees, requested by Bayfront, Inc., due to the cancellation of City of Naples Building Pennits Nos. 403-744 and 403-745 and authorize any budget amendments that may be required related to the reimbursemcnt. Prepared by: Amy Patterson, Impact Fcc and Economic Development Manager Growth Management Division - Planning and Regulation Attachments: I) Refund request Item Number: Item Summary: Meeting Date: Agenda Item No, 16A11 December 14, 2010 Page 3 01 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Recommendation to approve an impact lee reimbursement requested by Baylront, Inc, totaling $193,45424, due to the cancellation of two building permits. 12/14/2010900:00 AM Prep. red By Amy Patterson Community Development & Environmental Services Manager -Impact Fees & EDC Date Business Management & Budget Office 11/17/201011:58:30 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 11/17/201012:07 PM Approved By Lisa Taylor Transportation Division Management/Budget Analyst Date Transportation Administration 11/181201012:33 PM Approved By Nick Casalanguida Transportation Division Director ~ Transportation Planning Date Transportation Planning 11/18120101:08 PM Approved By Norm E. Feder, AICP Transportation Division Administrator ~ Transportation Date Transportation Administration 11/22/201011:02 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 11/23/20101:07 PM Approved By Jeff Klatzkow County Attorney Date Approved By 12/112010 10:16 AM Therese Stanley Office of Management & Budget Manager - Operations Support - Trans Date Office of Management & Budget 12/212010 12:40 PM Approved By Susan Usher Office of Management & Management/Budget Analyst, Senior Date Agenda Item No. 16A11 December 14. 2010 Page 4 of 5 Bt/duet Office of Management & Budget 12/3/201011:53 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 12/3/20105:29 PM CJhe.. gtotlebufttleft COmpatlie~ Agenda Item No. 16A11 December 14. 2010 Page 5 of 5 465 Bayfront Place. Naples, Florida 34102-6454. (239) 649-8700. Fax (239) 434-6225 September 30, 2010 Via Certified Mail Receipt #7002 2410 0006 6095 0930 Paula Fleishman, Impact Fee Admn. Collier County Growth Mgmt. Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: Bayfront Building #6 Permit Numbers 403744 and 403745 Dear Ms. Fleishman: It is hereby requested that all monies paid for impact fees on the above permit numbers be returned due to discontinuance of the project. Also enclosed is a check for $500.00 payable to the Board of Collier County Commissioners which we have been informed is necessary for an approval hearing at your earliest possible convenience. Please inform me if you require any additional information to process this request as expeditiously as possible. Thank you. Sincerely, Bayfront, Inc. ~~:.:;;.:z ;;;;----- ~--.__._---- Kevin Stoneburner President Enclosure cc: Richard Y ovanovich, Esq.